Unit 6: The judicial branch

History of the courts• ___________of the Constitution grants judicial

power to “one supreme Court , and in such ___________ courts as Congress may from time to time ordain and establish.” In other words….• The Constitution gives ultimate judicial power to the

_________________, the highest court in the land• The Constitution gives ___________(the legislative

branch) the power to create ________ courts, as needed

• There are TWO separate court systems in the US• _____________ – Supreme Court, District Courts• _____________ – Every state has its own supreme

court and system of lower courts.

Judicial Review…a review

• ______________: the power of the Supreme court to rule a law unconstitutional

• Established by the court decision in ___________________

• Madison lost his case because the law he claimed Marbury broke was determined to be an unfair law

Jurisdiction• _______________= the authority to hear (to try and decide) a case.

Literally “to ______ the _______”• ____________ courts may hear a case because of either– The subject matter

• For example, if you break a ___________ law, you go to trial in federal court

• If you break a ________ law, then you go to trial in the State’s court

– The parties involved• Example: State courts cannot handle cases that involve an official of a

______________ government

• All cases not heard by the ____________courts are within the ______________ of the States’ courts

4 types of jurisdiction1. ______________ jurisdiction: power of the _____________ courts

alone to hear certain cases– Example: Federal courts have exclusive jurisdiction over

____________cases, because those involve federal law2. _______________ jurisdiction: power ____________ by federal and

State courts to hear certain cases– Example: Cases involving persons from 2 different ___________ can

be heard in either a federal court, or the State court of the plaintiff3. _______________ jurisdiction: power of a court to hear a case

_________ , before any other court4. _______________ jurisdiction: power of a court to __________

decisions of an inferior (lower) court– i.e. courts of appeals – if you don’t agree with the original court’s

decision, you may go to an appeals court to have it _____________

Two types of federal courts

1. ____________ Courts– The federal courts created

by Congress to exercise broad, judicial power (Article III)

– Includes: • 21 US Courts of ________• 94 __________ Courts• US Court of International

Trade• US Court of Appeals for the

Federal Circuit

2. Special Courts– Courts/Tribunals created

by _____________ to deal with specific types of cases (Article I)

– Includes:• US Court of Federal

_____________• Court of Appeals for the

__________ _________• US __________Court• Territorial Courts

The Supreme Court

• Is the _____________court in the US• Consists of ___ total judges, all of whom

are appointed __________ by the ___________ (with the consent of the Senate)–1 ________justice • Current Chief Justice: ______________

–8 _____________justices

Current Supreme Court Justices (In order of seniority)

Name: Appointed By:

• Chief Justice John ______________ _________• Antonin _____________________ __________• Anthony _____________________ __________• Clarence _____________________ ___________• Ruth Bader ___________________ ___________• Stephen _____________________ ___________• Samuel ______________________ ___________• Sonia ________________________ ___________• Elena ________________________ ___________

Supreme Court jurisdiction

• The Supreme Court has both ____________ jurisdiction and _____________ jurisdiction– The Constitution gives _____________jurisdiction to

the Supreme Court in 2 types of cases:1. Cases in which a _____________ is a party2. Cases affecting ambassadors and other public figures from

__________ _____________

– Appellate Jurisdiction - Most SC cases come from ________________ from lower federal courts and State courts

Supreme court in action• Each term of the SC begins on the first Monday in

___________,and lasts until about June or July of the following year.

• About__________cases are appealed to the SC each year

• Of those cases, the SC will only actually accept a few ___________ for decision

• The SC selects cases based on the “_____________”– At least ____ of the 9 justices must agree that a case

should be put on the court’s docket– ________________= a court’s list of cases to be heard

How do cases reach the supreme court?

• Most cases reach the Supreme Court by ________________ (latin for “to be made more _______________”)– Writ of certiorari = an order by the court directing a lower

court to send a case up to it for _________– Either party in a case may _____________(ask) the court

for a writ– The court will only grant the writ if the case presents an

important ________________question that needs to be addressed

– When a writ is __________, the decision made by the lower court stands

• A few cases reach the SC by _______________– when a lower court is not sure about how to apply the law to a case, and asks the SC to look at the case to clarify

Court is in Session! (How the Supreme Court operates)

• Once the Supreme Court ____________ a case, it sets a date for that case to be heard

• Justices consider cases in _________ cycles– First 2 weeks, they actually hear ____________ arguments

from parties involved, their lawyers, etc.– Second 2 weeks, the justices ___________ to meet

together, ___________the cases, make ______________, and handle any other court business

– Then, repeat! They hear a brand new set of cases for another 2 weeks, then recess for 2 weeks to make decisions on those cases….then again, and again, and again….

• The SC has many sources of information to consider when reviewing a case:– ____________arguments: mainly from __________–

limited to _______ min.– ______________: detailed written documents in support

of one side of the case • Always filed with the Court __________ the oral arguments

begin• Arguments are based on all relevant information, as well as on

previous ______________ decisions• Often, briefs can be ____________of pages long• ___________________(“friend of the court”) briefs: briefs

filed by persons /groups who are not actual parties in the case, but have substantial ________________in its outcome

The court in conference

• The justices decide cases in _____________• The ___________________leads the

conference, speaking 1st on each case considered, and usually indicating how he plans to vote

• Then, each _____________justice presents his/her views

• Then, they ________________

Supreme court opinions

• After debate, all 9 justices ______________• Most cases end with a _________________

(__________) because only truly difficult or ____________________cases ever make it to the Supreme Court anyway!

• The Supreme Court’s written decisions are very valuable, because they stand as ____________ – examples to be followed in similar cases that may arise in any US court in the future

• ___________________:the Court’s actual decision in a case, called the Opinion of the Court. – Gives detailed _______________ for the Court’s decision– Some justices may choose to write

______________________– additional documents that add to or emphasize certain points in the majority opinion.

• ____________________: written statements by justices who do not agree with the Court’s majority decision– In rare cases, the Court may ___________ its decision later– Information given in dissenting opinions may be used to

support ______________ in similar cases later on.

• Supreme Court decisions can have a great impact on __________ _____________…

• Some people believe that judges should practice ________________ – judges should only decide cases based on the original___________of the framers of the Constitution.

• Others support __________________ – judges should interpret and apply the law based on ongoing ______________ in the conditions and ______________ of our society– “____________ judges” are sometimes criticized for

taking too much ___________in influencing the laws

Qualifications for SC judges

• The Constitution does not specify any formal ________________ for Supreme Court justices

• Since the beginning, justices have always been trained in the __________. (mostly lawyers)

• Presidents tend to choose judges who agree with their ____________beliefs (Democrats will choose Democrats, Republicans will choose Republicans)

• Justices serve for life, as long as they demonstrate “___________________”– They can be ______________ and removed from office– Only one SC judge has ever been impeached, but he

was not removed (__________________– 1805)

Your day in Court…• ________________law: deals with laws that define

public wrongs (offenses against public _________) and outline their punishments.– 2 kinds of crimes:

• _____________: serious crime, punishable by heavy fines, long-term imprisonment, and even death (ex. armed robbery, murder)

• ______________: lesser crime, punishable by small fines and/or a short jail term (ex. public intoxication, petty theft, prostitution)

• _____________ law: deals with disputes between ________________; usually called “_________” or “____________”– Can involve a wide range of issues (ex. divorce, custody,

contracts, property damage, etc.)– Usually result in one person having to pay $ and/or give

____________________over to the other person

The Jury system• The ____th and ____th amendments guarantee your

right to have an ____________ jury in all ___________cases (6th am.) and in all ____________cases involving disputes over money or property worth $_______or more (7th am.)

• ____________: a body of people selected according to law who hear evidence and decide questions of _________ in a court case– 2 types:

• _____________ Jury• _____________ Jury

Grand jury• Used only in _____________cases• ___-___ jurors• Main purpose is to determine whether there is

enough __________ against the accused person to justify a ________

• Although all States have requirements in place for grand juries, only about____________of them actually use them anymore

Petit Jury• Main purpose is to hear ___________ in a case

and ______________ the disputed facts• Usually consists of _____ people, although

some States only require 6• Jurors are summoned by a ________ official

using a variety of public _____________ (county tax records, voter registration, motor vehicle registration, etc.)

Trial without jury?

• _____________ cases and ___________ cases over small sums of $ are often heard without any jury at all –_____________ trial = the __________

alone hears and decides the case

4th amendment

• Freedom from “________________________________”

• Search: of you or your _____________–Unreasonable = without a _____________

(court order authorizing a search)

• Seizure: taking you or your property

5th amendment• Guarantees ________________________– the

govt will treat accused persons _______________ according to the law

• Establishes ____________________– the govt can take private property….but only if it _______ a fair price

• Also protects us from ____________________- being put on trial ______________ for the same crime

6th and 7th amendments

• ______th: Right to a __________ and ___________ (not secret) __________

• Right to an _________________ jury of your peers in criminal cases

• ______th amendment says the same thing, except it refers to _____________ cases $20 or more

8th amendment

• Protects us from…–

“__________________________________”– Excessive ____________, fines, and other

punishments

14th amendment

• Defines “__________________” – one who is born on US soil, or to US citizens, or one who acquires citizenship through the legal naturalization process

• _______________Clause - Says that no State will act in a way that is unfair toward any US citizen

• ________________Clause – says no State will discriminate against or draw unreasonable ____________________ between citizens for any reason

• 14th am. Is not part of ____________________, but is still designed to protect our civil liberties